CITY COUNCIL: Ordinance Designation City Administrator as Director of Emergency Services

Police Commander

City Council
Agenda Item Summary

Name: Consideration of an Ordinance deleting Sections 2.64.030 and 2.64.040 and amending Sections 2.64.050 and 2.64.080 of the Carmel Municipal Code to designate the City Administrator as the Director of Emergency Services (Second reading).

Description: On December 2, 2008, the City Council approved Carmel’s Emergency Operations Center (CEOC) plan, which was updated to ensure compliance with federal and state guidelines designed to assist the City’s emergency management system. The Director of Emergency Services for the CEOC is the City Administrator or the Public Safety Director, in his absence.

Carmel Municipal Code Section 2.64.050 lists the Mayor as the Director of Emergency Services and Section 2.64.080 gives responsibility for development of the City’s emergency plan to the Disaster Council. Amending these sections will grant authority for emergency management to the City Administrator, which conforms to the CEOC Plan approved by Council.

Overall Cost: N/A

Staff Recommendation: Staff recommends that City Council eliminate Municipal Code Sections 2.64.030 and 2.64.040, and amend sections 2.64.050 and 2.64.080 to transfer responsibility from the Mayor to the City Administrator as the Director of Emergency Services.

Important Considerations: Eliminating the two Municipal Code sections and amending Sections 2.64.050 and 2.64.080 will establish the appropriate staffing level for the CEOC command.

Decision Record: At its meeting of May 5, 2009, City Council adopted this ordinance on first reading.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: GEORGE E. RAWSON, PUBLIC SAFETY DIRECTOR
MIKE CALHOUN, POLICE COMMANDER
DATE: JUNE 2, 2009
SUBJECT: SECOND READING OF AN ORDINANCE DELETING SECTIONS 2.64.030 AND 2.64.040 AND AMENDING SECTIONS 2.64.050 AND 2.64.080 OF THE CARMEL MUNICIPAL CODE TO DESIGNATE THE CITY ADMINISTRATOR AS THE DIRECTOR OF EMERGENCY SERVICES

I. RECOMMENDED MOTION:
Adopt the Ordinance deleting Municipal Code Sections 2.64.030 and 2.64.040, and amending 2.64.050 and 2.64.080 of the Municipal Code to better reflect emergency management responsibilities in the City.

II. BACKGROUND:
On December 2, 2008, the City Council approved Carmel’s Emergency Operations Center (CEOC) plan, which was updated to ensure compliance with federal and state guidelines related to emergency management in the City. The command section of the CEOC is charged with the overall management of disaster response and recovery operations for the City of Carmel-by-the-Sea.

The Director of Emergency Services (City Administrator) or the Assistant Director of Emergency Services (Director of Public Safety) leads the Command Section and the CEOC staff. With the adoption of the plan, there would be no need for a Disaster Council, as outlined in sections 2.64.030 and 2.64.040, since the Director of Emergency Services and the Assistant Director of Emergency Services would oversee and manage all disaster response.

Amending Municipal Code Section 2.64.050 will transfer the responsibility for emergency services from the Mayor to the City Administrator as the Director of Emergency Services. Amending Section 2.64.080 will grant authority for developing the City’s emergency plan to the City Administrator (or the Public Safety Director in his absence) and will eliminate the Disaster Council.

III. STAFF REVIEW:
Staff concurs with deletion of Sections 2.64.030 and 2.64.040 pertaining to the Disaster Council membership and its powers and duties, and with amending Section 2.64.050 and 2.64.080 to reflect that the City Administrator, not the Mayor, is the Director of Emergency Services and has the power to develop and manage the City’s emergency response plan. These changes reflect the revisions to Carmel’s Emergency Operations Center (CEOC) plan, as approved by Council in December 2008. City Council considered and adopted this change to the Municipal Code on first reading at it meeting of May 5, 2009.

IV. FISCAL IMPACT:
None

V. SUMMARY:
Adopting this ordinance will establish the appropriate staffing level for the CEOC command section and will update the Carmel Municipal Code as outlined in the CEOC policy and guidelines.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DELETING SECTIONS 2.64.030 AND 2.64.040 AND AMENDING SECTIONS 2.64.050 AND 2.64.080 OF THE CARMEL MUNICIPAL CODE TO DESIGNATE THE CITY ADMINISTRATOR AS THE DIRECTOR OF EMERGENCY SERVICES
________________________________________________________________________
WHEREAS, the City Council approved Carmel’s updated Emergency Operations Center (CEOC) plan, to ensure compliance with federal and state guidelines related to emergency management in the City; and

WHEREAS, the command section of the CEOC is charged with the overall management of disaster response and recovery operations for the City of Carmel-by-the-Sea; and

WHEREAS, the Director of Emergency Services (City Administrator) or the Assistant Director of Emergency Services (Director of Public Safety) leads the Command Section and the CEOC staff; and

WHEREAS, amending Municipal Code Section 2.64.050 transfers the responsibility for emergency services from the Mayor to the City Administrator as the Director of Emergency Services and amending Section 2.64.080 will grant authority for developing the City’s emergency plan to the City Administrator (or t
he Public Safety Director in his absence) and eliminates the Disaster Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, does hereby adopt by ordinance the attached revisions to Chapter 2.64 of the Municipal Code.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of June 2009 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,

________________________
SUE McCLOUD, MAYOR

ATTEST:

__________________________________
Heidi Burch, City Clerk

Attachment “A”Chapter 2.64
EMERGENCY ORGANIZATION*
Sections:
2.64.010 Purposes.
2.64.020 Definitions.
2.64.030 Disaster Council – Membership.
2.64.040 Disaster Council – Powers and Duties.
2.64.050 Director and Assistant Director of Emergency Services.
2.64.060 Director and Assistant Director – Powers and Duties.
2.64.070 Officers and Employees – Emergency Organization.
2.64.080 Emergency Plan.
2.64.090 Expenditures Deemed Public Benefit.
2.64.100 Violation – Penalty.
* For statutory provisions on local emergencies, see Government Code § 8630 et seq.; for provisions on local disaster councils, see Government Code § 8610 et seq.; for provisions on City emergency executives, see Government Code § 38791.

2.64.010 Purposes.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons.
(Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 1, 1951; Code 1975 § 660).

2.64.020 Definitions.
As used in this chapter, “emergency” shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 2, 1951; Code 1975 § 661).

2.64.030 Disaster Council – Membership.
The Carmel-by-the-Sea Disaster Council is created and shall consist of the following:
A. The Mayor, who shall be Chairperson and Director of Emergency Services;

B. The Chief Administrative Officer, who shall be Vice Chairperson and Assistant Director of Emergency Services;

C. Such chiefs of emergency services as are provided for in a current emergency plan of this City, adopted pursuant to this chapter;

D. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 3, 1951; Code 1975 §662).

2.64.040 Disaster Council – Powers and Duties.
It shall be the duty of the Disaster Council, and the Disaster Council is empowered, to develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the Chairperson, or in that person’s absence from the City or inability to call such meeting, upon call of the Vice Chairperson. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 4, 1951; Code 1975 § 663).

2.64.050 Director and Assistant Director of Emergency Services.
There are created the offices of Director of Emergency Services and Assistant Director of Emergency Services. The Mayor City Administrator shall be the Director of Emergency Services. The Chief Administrative Officer Public Safety Director shall be the Assistant Director of Emergency Services. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 5, 1951; Code 1975 §664).

2.64.060 Director and Assistant Director – Powers and Duties.
The powers and duties of the Director and Assistant Director of Emergency Services are as follows:
A. The Director is empowered to:
1. Request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect;

2. Request the Governor to proclaim a state of emergency when, in the opinion of the
Director, the locally available resources are inadequate to cope with the emergency;

3. Control and direct the effort of the emergency organization of this City for the
accomplishment of the purposes of this chapter;

4. Direct cooperation between and coordination of services and staff of the emergency organization of this City, and resolve questions of authority and responsibility that may arise between them;

5. Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;

6. In the event of the proclamation of a local emergency as provided in this chapter, the proclamation of a state of emergency by the Governor or the Director of the Emergency Services, or the existence of a state of war emergency, the Director is empowered:
a. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
b. To obtain vital supplies, equipment, and such other properties found lacking and
needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use;
c. To require emergency services of any City officer or employee and, in the event
of the proclamation of a state of emergency in the County in which this City is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as s/he deems necessary in the execution of the Director’s duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers;
d. To requisition necessary personnel or material of any City department or agency; and
e. To execute all the ordinary power as Chief Administrative Officer the Director of Emergency Services, all of the special powers conferred upon the Director by this chapter or by resolutions or emergency plan pursuant hereto adopted by the City Council, all powers conferred by any statute, by any agreement approved by the City Council, and by other lawful authority.

B. The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings or otherwise perform the duties of that office during an emergency. Such order of succession shall be approved by the City Council.

C. The Assistant Director shall, under the supervision of the Director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this City, and shall have such other powers and duties as may be assigned by the Director. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. §§ 5, 6, 1951; Code 1975 § 665).

2.64.070 Officers and Employees – Emergency Organization.
All officers and employees of this City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of CMC 2.64.060(A)(6)(c), are charged with duties incident to the protection of life and property in this City during such emergency and shall constitute the emergency organization of the City. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 7, 1951; Code 1975 § 666).

2.64.080 Emergency Plan.
The Disaster Council The Director of Emergency Services or his designee shall be responsible for the development of the City emergency plan, which plan shall provide for the effective mobilization of all the resources of this City, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 8, 1951; Code 1975 § 667).

2.64.090 Expenditures Deemed Public Benefit.
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. (Ord. 79-12 § 1, 1979; Code 1975 § 668).

2.64.100 Violation – Penalty.
It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:
A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon any person by virtue of this chapter.

B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this City, or to prevent, hinder or delay the defense or protection thereof.

C. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 9, 1951; Code 1975 §669).